Elliott
People v. Elliott
Opinion
Opinion
Ford, J.
The defendant appeals from a judgment of conviction of the crime of possession of heroin. (Health & Saf. Code, § 11500.)
The appellant waived his right to trial by jury. The basic issues raised on this appeal are whether the arrest of the appellant and the search of his premises were without reasonable or probable cause. The evidence will be summarized.
Harry E. Dorrell, a police officer for the city of Los Angeles, testified that he arrested the appellant on October 22, 1959, at 4700 South Figueroa in that city. The officer’s partner was with him. Prior thereto, the officer had checked the appellant’s record at the police department and found that he was registered as an ex-convict, his address having been stated as being 2327% Hooper, but that he was not registered as being at the Figueroa Street address. At the time of the arrest, he had with him a photograph of the appellant. After he knocked on the door of a room at the Figueroa Street address, the appellant opened the door. The officer showed him his badge, stated, “We are police officers,” and said that he and his partner would like to talk to the appellant. The officer then testified that the appellant ‘ ‘ opened the…